CHAPTER 104. STATEWIDE HEALTH COORDINATING COUNCIL AND STATE HEALTH PLAN - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 104. STATEWIDE HEALTH COORDINATING COUNCIL AND STATE

HEALTH PLAN

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 104.001. POLICY; PURPOSE. (a) The policy of this state

and the purpose of this chapter are to ensure that health care

services and facilities are available to all citizens in an

orderly and economical manner.

(b) To achieve this purpose it is essential that:

(1) appropriate health planning activities are undertaken and

implemented; and

(2) health care services and facilities are provided in a

cost-effective manner, compatible with the health care needs of

the different areas and populations of the state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 18, eff. Sept. 1,

1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 1, eff. June 19, 2009.

Sec. 104.002. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services Commission.

(2) "Commissioner" means the commissioner of the Department of

State Health Services.

(3) "Department" means the Department of State Health Services.

(4) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(5) "Health care facility" means a public or private hospital,

skilled nursing facility, intermediate care facility, ambulatory

surgical center, family planning clinic that performs ambulatory

surgical procedures, rural or urban health initiative clinic, end

stage renal disease facility, and inpatient rehabilitation

facility. The term does not include the office of physicians or

practitioners of the healing arts practicing individually or in

groups.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 2, eff. June 19, 2009.

Sec. 104.004. INTERAGENCY COOPERATION. Each state agency,

department, instrumentality, grantee, political subdivision, and

institution of higher education shall cooperate with the

department in performing assigned duties and functions.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 104.005. LIMITATIONS ON POWERS OF DEPARTMENT. This chapter

does not authorize the department or an official or employee of

the department to:

(1) supervise or control the practice of medicine, the manner in

which physician's services in private practice are provided, or

the selection, tenure, compensation, or fees of a physician in

the delivery of physician's services; or

(2) perform a duty or function under Title XI of the Social

Security Act (42 U.S.C. Sec. 1301 et seq.) or a rule or

regulation adopted under that Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. STATEWIDE HEALTH COORDINATING COUNCIL

Sec. 104.011. COMPOSITION OF COUNCIL. (a) The statewide health

coordinating council is composed of 17 members determined as

follows:

(1) the executive commissioner or a representative designated by

the executive commissioner;

(2) the chair of the Texas Higher Education Coordinating Board

or a representative designated by the presiding officer;

(3) the commissioner or a representative designated by the

commissioner;

(4) the presiding officer of the Department of Aging and

Disability Services or a representative designated by the

presiding officer; and

(5) the following members appointed by the governor:

(A) three health care professionals from the allied health,

dental, medical, mental health, and pharmacy professions, no two

of whom may be from the same profession;

(B) one registered nurse;

(C) two representatives of a university or health-related

institution of higher education;

(D) one representative of a junior or community college with a

nursing program;

(E) one hospital administrator;

(F) one managed care administrator; and

(G) four public members.

(b) The appointments of the governor shall be with the advice

and consent of the senate.

(c) The governor shall designate a member of the council as the

presiding officer of the council to serve in that capacity at the

will of the governor.

(d) Appointments to the council shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointees.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 19, eff. Sept. 1,

1993; Acts 1997, 75th Leg., ch. 1386, Sec. 1, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1411, Sec. 11.01, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 198, Sec. 2.192(a), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 3, eff. June 19, 2009.

Sec. 104.0111. CONFLICT OF INTEREST. (a) In this section,

"Texas trade association" means a cooperative and voluntarily

joined association of business or professional competitors in

this state designed to assist its members and its industry or

profession in dealing with mutual business or professional

problems and in promoting their common interest.

(b) A person may not be a member of the statewide health

coordinating council if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of medicine; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of medicine.

(c) A person may not be a member of the council if the person is

required to register as a lobbyist under Chapter 305, Government

Code, because of the person's activities for compensation on

behalf of a profession related to the operation of the council.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 11.02, eff. Sept.

1, 1999.

Sec. 104.0112. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the statewide health coordinating council that a

member:

(1) does not have at the time of taking office the

qualifications required by Section 104.011(a);

(2) does not maintain during service on the council the

qualifications required by Section 104.011(a);

(3) is ineligible for membership under Section 104.0111;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

council meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the council.

(b) The validity of an action of the council is not affected by

the fact that it is taken when a ground for removal of a council

member exists.

(c) If the commissioner has knowledge that a potential ground

for removal exists, the commissioner shall notify the presiding

officer of the council of the potential ground. The presiding

officer shall then notify the governor and the attorney general

that a potential ground for removal exists. If the potential

ground for removal involves the presiding officer, the

commissioner shall notify the next highest ranking officer of the

council, who shall then notify the governor and the attorney

general that a potential ground for removal exists.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 11.02, eff. Sept.

1, 1999.

Sec. 104.0113. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the statewide health

coordinating council may not vote, deliberate, or be counted as a

member in attendance at a meeting of the council until the person

completes a training program that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the council;

(2) the programs operated by the council;

(3) the role and functions of the council;

(4) the rules of the council;

(5) the current budget for the council;

(6) the results of the most recent formal audit of the council;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the council or the

Texas Ethics Commission.

(c) A person appointed to the council is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 11.02, eff. Sept.

1, 1999.

Sec. 104.0115. TERMS. (a) Members of the council serve for

staggered six-year terms, with the terms of four or five members

expiring August 31 of each odd-numbered year.

(b) An appointment to fill a vacancy is for the unexpired term.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 20, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 728, Sec. 6, eff. June

20, 2003.

Sec. 104.012. RULES. The statewide health coordinating council

shall adopt rules governing the development and implementation of

the state health plan.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 104.013. FEES. The statewide health coordinating council

may establish and charge fees for public health planning, data,

and statistical services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 104.014. ASSISTANCE. The department, in accordance with

rules adopted by the statewide health coordinating council, shall

assist the council in performing the council's duties and

functions.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 104.0141. DIVISION OF POLICY AND MANAGEMENT

RESPONSIBILITIES. The statewide health coordinating council

shall develop and implement policies that clearly separate the

policymaking responsibilities of the council and the management

responsibilities of the commissioner and the staff of the

department.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 11.03, eff. Sept.

1, 1999.

Sec. 104.0142. INFORMATION ABOUT STANDARDS OF CONDUCT. The

commissioner or the commissioner's designee shall provide to

members of the statewide health coordinating council, as often as

necessary, information regarding the requirements for office

under this chapter, including information regarding a person's

responsibilities under applicable laws relating to standards of

conduct for state officers.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 11.03, eff. Sept.

1, 1999.

Sec. 104.015. ADVISORY BOARDS AND AD HOC COMMITTEES. The

statewide health coordinating council may form advisory boards or

ad hoc committees composed of individuals from the public and

private sectors to review policy matters related to the council's

purpose.

Added by Acts 1997, 75th Leg., ch. 1386, Sec. 2, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 4, eff. June 19, 2009.

Sec. 104.0155. NURSING ADVISORY COMMITTEE. (a) The statewide

health coordinating council shall form a nursing advisory

committee the majority of the members of which must be nurses.

The committee:

(1) must include:

(A) members of associations that represent nurses, educators of

nurses, and employers of nurses;

(B) members who represent the Texas Board of Nursing; and

(C) a nurse researcher; and

(2) may include other members who are health care experts from

the public or private sector, nurses, nurse educators, employers

of nurses, or consumers of nursing services.

(b) The committee shall:

(1) review policy matters on the collection of data and reports

performed under Chapter 105 that relate to the nursing

profession;

(2) subject to approval of the council, develop priorities and

an operations plan for the nursing resource section under Section

105.002(b); and

(3) review reports and information before dissemination.

(c) A nurse member of the committee and a nurse member of the

statewide health coordinating council shall cochair the

committee.

(d) Chapter 2110, Government Code, does not apply to the

committee formed under this section.

(e) Meetings of the committee under this section are subject to

Chapter 551, Government Code.

Added by Acts 2003, 78th Leg., ch. 728, Sec. 7, eff. June 20,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 5, eff. June 19, 2009.

Sec. 104.0156. HEALTH CARE INFORMATION TECHNOLOGY ADVISORY

COMMITTEE. (a) The statewide health coordinating council shall

form an advisory committee on health care information technology.

The committee must include representatives of interested groups,

including the academic community, health plans, pharmacies, and

associations of physicians, hospitals, and nurses. The committee

must also include at least one member with at least 10 years of

experience in the health care information technology industry.

(b) The advisory committee shall develop a long-range plan for

health care information technology, including the use of

electronic medical records, computerized clinical support

systems, computerized physician order entry, regional data

sharing interchanges for health care information, and other

methods of incorporating information technology in pursuit of

greater cost-effectiveness and better patient outcomes in health

care. In developing the long-range plan, the advisory committee

shall study the effect of health care information technology on

price disparities in insurance coverage for residents of this

state.

(c) The advisory committee shall elect a presiding officer.

(d) Members of the advisory committee serve without compensation

but are entitled to reimbursement for the members' travel

expenses as provided by Chapter 660, Government Code, and the

General Appropriations Act.

(e) Chapter 2110, Government Code, does not apply to the size,

composition, or duration of the advisory committee.

(f) Meetings of the advisory committee under this section are

subject to Chapter 551, Government Code.

Added by Acts 2005, 79th Leg., Ch.

785, Sec. 1, eff. September 1, 2005.

Sec. 104.016. PUBLIC TESTIMONY. The statewide health

coordinating council shall develop and implement policies that

provide the public with a reasonable opportunity to appear before

the council and to speak on any issue under the jurisdiction of

the council.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 11.04, eff. Sept.

1, 1999.

SUBCHAPTER C. STATE HEALTH PLAN

Sec. 104.021. PROPOSED STATE HEALTH PLAN. (a) The department,

in accordance with rules adopted by the statewide health

coordinating council, shall prepare and review a proposed state

health plan every six years and shall revise and update the plan

biennially.

(b) The department shall submit the proposed plan to the

statewide health coordinating council.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 21, eff. Sept. 1,

1993.

Sec. 104.022. STATE HEALTH PLAN. (a) Information needed for

the development of the state health plan shall be gathered

through systematic methods designed to include local, regional,

and statewide perspectives.

(b) The statewide health coordinating council, in consultation

with the commission, shall issue overall directives for the

development of the state health plan.

(c) The department shall consult with the Department of Aging

and Disability Services, the commission, and other appropriate

health-related state agencies designated by the governor before

performing the duties and functions prescribed by state and

federal law regarding the development of the state health plan.

(d) The statewide health coordinating council shall provide

guidance to the department in developing the state health plan.

(e) The state health plan shall be developed and used in

accordance with applicable state and federal law. The plan must

identify:

(1) major statewide health concerns;

(2) the availability and use of current health resources of the

state, including resources associated with information technology

and state-supported institutions of higher education; and

(3) future health service, information technology, and facility

needs of the state.

(f) The state health plan must:

(1) propose strategies for the correction of major deficiencies

in the service delivery system;

(2) propose strategies for incorporating information technology

in the service delivery system;

(3) propose strategies for involving state-supported

institutions of higher education in providing health services and

for coordinating those efforts with health and human services

agencies in order to close gaps in services; and

(4) provide direction for the state's legislative and executive

decision-making processes to implement the strategies proposed by

the plan.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 627, Sec. 3, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 747, Sec. 22, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 8.126, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

785, Sec. 2, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 6, eff. June 19, 2009.

Sec. 104.023. REVIEW OF STATE HEALTH PLAN. The statewide health

coordinating council shall submit the state health plan to the

Health and Human Services Commission for review and comment

before the plan is sent to the governor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 627, Sec. 14, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.127, eff. Sept. 1,

1995.

Sec. 104.024. SUBMISSION OF PLAN TO GOVERNOR. The statewide

health coordinating council shall approve the state health plan

for submission to the governor in accordance with applicable

federal law and, not later than November 1 of each even-numbered

year, submit the plan to the governor for adoption.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 104.025. IMPLEMENTATION OF STATE HEALTH PLAN. The

statewide health coordinating council shall promote the

implementation of the recommendations made in the state health

plan.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 104.026. COST DATA. (a) A state agency directly affected

by a recommendation in the state health plan shall submit cost

data for the implementation of the recommendation to the

department and to the statewide health coordinating council, and

shall indicate whether the agency is requesting funds in a manner

consistent with the plan's recommendation.

(b) If the agency does not request funds consistent with the

state health plan's recommendation, the agency shall submit an

explanation and justification of any deviation.

(c) The department shall submit information received under this

section to the Legislative Budget Board and the governor's budget

office not later than November 1 of each even-numbered year.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER D. THE DEPARTMENT AND THE STATE HEALTH PLAN

Sec. 104.042. DATA COLLECTION. (a) The executive commissioner

by rule shall establish reasonable procedures for the collection

of data by the department from health care facilities and for the

distribution of data necessary to facilitate and expedite proper

and effective health planning and resource development.

(b) The executive commissioner by rule shall specify the type of

data required, the entities required to submit the data, and the

period during which the data must be submitted.

(c) The department, in accordance with rules adopted by the

statewide health coordinating council, shall collect and

distribute data necessary to support specific state health plan

goals.

(d) The department shall file, index, and periodically publish

in a coherent manner summaries or analyses of the data collected.

(e) Data received by the department under this section

containing information identifying specific patients is

confidential, is not subject to disclosure under Chapter 552,

Government Code, and may not be released unless the information

identifying the patient is removed. This subsection does not

authorize the release of information that is confidential under

Chapter 108.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 728, Sec. 8, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1034, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 7, eff. June 19, 2009.

Sec. 104.0421. STATEWIDE DATA COLLECTION AND COORDINATION. (a)

The statewide health coordinating council shall work with

appropriate health professional licensing agencies to develop

uniform standards for health professional data collected by those

agencies to enable the council to maintain a comprehensive health

professional database.

(b) The council shall retrieve data on health professionals from

the appropriate licensing agencies. The council may seek the

assistance of the appropriate licensing agency or department in

the retrieval of data on health professionals.

(c) The council shall monitor and evaluate long-term regional,

statewide, and local health needs. The council shall use this

evaluation for developing recommendations relating to health

education, training, and regulation.

(d) The council shall use data collected under this section to

develop workforce goals for health professionals and to recommend

the appropriate level and distribution of state funding for

education and training to achieve these goals. The council shall

evaluate the short-term and long-term effects of the

recommendations made under this subsection.

(e) The council shall, with the assistance of higher education

agencies and institutions, area health education centers,

teaching hospitals, and health education institutions, improve

coordination of statewide health planning. The council may seek

the assistance of the National Association of Health Data

Organizations, the Association of American Medical Colleges, the

National Council of State Legislatures, the American Association

of Colleges of Osteopathic Medicine, the Association of American

Health Centers, and any other appropriate entities.

(f) The department shall continue to assist the council and the

health professions resource center with the development of the

state health plan. The council shall coordinate related health

planning functions within the department. The staff of the

health professions resource center shall continue to be

department employees but are governed by the council.

Added by Acts 1997, 75th Leg., ch. 1386, Sec. 8, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 8, eff. June 19, 2009.

Sec. 104.043. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a) If

the department does not receive necessary data from an entity as

required by the executive commissioner's rules, the department

shall send to the entity a notice requiring the entity to submit

the data not later than the 30th day after the date on which the

entity receives the notice.

(b) An entity that does not submit the data during the period

determined under Subsection (a) is subject to a civil penalty of

not more than $500 for each day after the period that the entity

fails to submit the data.

(c) At the request of the executive commissioner, the attorney

general shall sue in the name of the state to recover the civil

penalty.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

797, Sec. 9, eff. June 19, 2009.

Sec. 104.044. SORTING COLLECTED DATA. (a) The department shall

compile the health data collected under this subchapter and

organize the results, to the extent possible, according to the

following geographic areas:

(1) the Texas-Mexico border region;

(2) each public health region;

(3) rural areas;

(4) urban areas;

(5) each county; and

(6) the state.

(b) Health data released under this subchapter must be released

in accordance with the way it is compiled under this section.

Added by Acts 2005, 79th Leg., Ch.

1034, Sec. 2, eff. September 1, 2005.